[HISTORY: Adopted by the Mayor and Council
of the City of Taneytown 1-14-1980 by Ord. No. 5-79 as Title 2, Chapter 1, Article C
of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 34.
[Amended 8-9-1999 by Ord. No. 8-99[1]]
All reports, communications, ordinances, resolutions,
contract documents or other matters to be submitted to the Council
shall, at least 24 hours prior to each Council meeting, be delivered
to the City Clerk, whereupon the City Clerk shall immediately arrange
a list of such matters according to the order of business and furnish
each member of the Council with a copy of the same prior to the Council
meeting and as far in advance of the meeting as time for preparation
will permit.
[1]
Editor's Note: Original Sec. 2-1-11, Meetings;
regular and special, which immediately preceded this section and was
amended 5-22-1990 by Ord. No. 9-90, was deleted 8-9-1999 by Ord. No.
8-99.
The presiding officer shall preserve strict
order and decorum at all regular and special meetings of the Council.
The presiding officer shall state every question coming before the
Council, announce the decision of the Council on all subjects and
decide all questions of order; subject, however, to an appeal to the
Council, in which event a majority vote of the Council shall govern
and conclusively determine those questions of order.
The Mayor shall take the chair precisely at
the hour appointed for the meeting and shall immediately call the
Council to order. In the absence of the Mayor, the Mayor Pro Tem shall
call the Council to order. Upon the arrival of the Mayor, the Mayor
Pro Tem shall immediately relinquish the chair upon the conclusion
of the business immediately before the Council.
[Amended 8-9-1999 by Ord. No. 8-99]
Before proceeding with the business of the Council,
the City Clerk or his or her deputy shall call the roll of the members
and the names of those present shall be entered in the minutes.
[Amended 8-9-1999 by Ord. No. 8-99]
Promptly at the hour set on the day of each
regular meeting, the members of the Council, the City Manager, the
City Clerk and Mayor shall take their regular stations in the Council
chambers, and the business of the Council shall be taken up for consideration
and disposition in the following order:
[Amended 8-9-1999 by Ord. No. 8-99]
Unless a reading of the minutes of a Council
meeting is requested by a member of the Council, those minutes may
be approved without reading if the City Clerk has previously furnished
each member with a copy thereof.
A.
Presiding officer. The Mayor, Mayor Pro Tem or such other member of the Council as may be presiding may debate from the chair, subject only to those limitations of debate as are by these rules imposed on all members by reason of his or her acting as presiding officer, except that as presiding officer, he or she may vote only in case of a tie, as provided in Charter § C-304D.
[Amended 8-9-1999 by Ord. No. 8-99]
B.
Getting the floor; improper references to be avoided.
Every member desiring to speak shall address the chair, and, upon
recognition by the presiding officer, shall confine himself or herself
to the question under debate, avoiding all personalities and indecorous
language.
C.
Interruptions. A member, once recognized, shall not
be interrupted when speaking unless it is to call him or her to order
or as herein otherwise provided. If a member, while speaking, is called
to order, he or she shall cease speaking until the question of order
is determined, and, if in order, he or she shall be permitted to proceed.
D.
Privilege of closing debate. The Council member moving
the adoption of an ordinance or resolution shall have the privilege
of closing the debate.
[Amended 8-9-1999 by Ord. No. 8-99]
Any person desiring to address the Council shall
first make appointment to do so by not later than Wednesday preceding
a scheduled meeting; provided, however, that the presiding officer
may allow any person to address the Council without securing such
prior appointment.
Unless a member of the Council states that he
or she is not voting, his or her silence shall be recorded as an affirmative
vote.
[Amended 4-13-1981 by Ord. No. 7-81; 8-9-1999 by Ord. No. 8-99]
Except as otherwise provided by law or in this
Code, the procedure of the Council shall be governed by Robert's Rules
of Order, newly revised, Henry M. Robert III, 1990.
The previous questions may be called at any
time by a majority of the members present. The ayes and nays may be
called for by any member.
A motion to adjourn shall always be in order
and shall be decided without debate.
All committees of the Council shall be nominated
by the Mayor and approved by the Council.
No account or other demand against the City
shall be allowed until it has been considered and reported upon by
the City Manager.
[Amended 8-9-1999 by Ord. No. 8-99]
Ordinances, resolutions and other matters or
subjects requiring action by the Council must be introduced and sponsored
by a member of the Council, except that the City Manager may present
ordinances, resolutions and other matters or subjects to the Council,
and any Council member may assume sponsorship thereof by moving that
those ordinances, resolutions, matters or subjects be adopted; otherwise
they shall not be considered.
[Amended 8-9-1999 by Ord. No. 8-99]
All reports and resolutions shall be filed with
the City Clerk and entered in the minutes.
[Amended 8-9-1999 by Ord. No. 8-99]
All ordinances passed by the Council shall be
prefaced by "Be it Enacted and Ordained by the Council of the City
of Taneytown that..." Ordinances shall be signed by the Mayor and
attested to by the Clerk, except in the case of a veto, at which time
the Clerk shall attest the ordinance and so note that the same was
passed pursuant to Charter provisions, notwithstanding the veto of
the Mayor.
[Added 6-13-2016 by Ord.
No. 22-2016]
A.
Elected official conduct, protocol and policies.
(1)
Purpose.
(a)
The purpose of this section is to define the role of elected
officials in the governance of the City. For the purposes of this
section, "official" or "officials" shall mean the Mayor and each individual
member of the City Council. This code consists of rules and guidelines
intended to advance the City's goals of providing efficient and
high-quality services to its residents and providing a safe and productive
work environment for its employees.
(b)
Limitations; other laws and rules. This code addresses selective
aspects of the governance of the City and supplements but does not
supplant other laws and rules that prescribe the legal responsibilities
of City elected officials ("officials"). Those include, among others,
the State of Maryland Constitution, federal laws prohibiting discrimination
and harassment, the provisions of the City's own City Charter
and Code, and the City's Employee Manual.
(c)
It is not possible for a code of this kind to anticipate and
provide a rule of conduct for all situations. It is expected that
officials will manage their behavior in a manner consistent with the
rules that follow, respect the chain of command and behave within
the bounds of their authority. It is also expected that officials
will treat each other, City employees, residents and businesspeople
with courtesy and respect in a manner that reflects well on the City.
(2)
Rules, policy and guidance. Policies governing the conduct of officials
are listed in this section. Following each rule is a set of policies
that give specific application to the rule. In italics following each
rule is further explanation of the rule and guidance for interpreting
and applying the rule and shall be made a part of such rule.
(a)
The Council and personnel matters.
[1]
Officials shall deal with the administrative service provided
to the businesses and residents of the City solely through the City
Manager.
[2]
Officials are encouraged to learn the functions and operations
of the various departments, or to understand the operational steps
related to a specific task or job; however, officials shall not direct,
order or make demands of any City employee, other than inquiries that
can be answered routinely and without research, or notify such employee,
such as police on patrol, of issues that are part of their normal
routines. In addition, there are times when the official may be serving
as the project or task lead and directing the tasks of employees in
the absence of the employee's supervisor. Such a role is acceptable
if properly approved by the Mayor and City Council. In no case shall
the official give direction to an employee that incurs additional
expense to the City. Any concerns about work assignment or department
performance should be addressed to the City Manager.
Implementation Guidance. The City's staff is organized
in a hierarchical structure, and City employees work under the direction
and control of several layers of management culminating with the City
Manager. Individual officials are not part of that management structure
and have no authority to direct employees. When an official attempts
to give an employee direction outside the scope of what is detailed
above, the employee is put in an awkward position and the management
structure is undermined. In some cases such actions have the potential
for creating liability for the City. Officials are not authorized
directly to give work assignments to employees, including department
heads, outside of the scope detailed above. Employees are instructed
not to take impromptu directions or work assignments from officials
and to report any such attempts to their supervisor and/or department
head. Any employee who has a question or a concern is expected to
address this matter with their department head or supervisor. Employees
will be held accountable for approaching officials on these matters
as a way of circumventing or undermining the role, authority and responsibility
of their supervisor.
[3]
Officials shall not attempt to reorganize priorities of a department
head or any employees or influence the manner by which City staff
delegates assignments or performs their assigned functions or duties.
Implementation Guidance. City employees are directed
in their everyday tasks by their immediate supervisor in accordance
with approved work plans. Interference with an employee's work
routine, priorities or decisionmaking processes by an official creates
confusion and stress and places the employee in the difficult position
of either disregarding his or her assigned work or appearing to disrespect
the official's wishes. All requests for work, staff assistance
or research should be directed to the City Manager. From time to time
an official may believe that a problem must be looked into immediately
and is tempted to direct an employee to drop everything and focus
on that problem. Officials must, however, communicate their concern
to the City Manager or, in the absence thereof, the department head.
[4]
Officials shall not retaliate or threaten to retaliate against
employees.
Implementation Guidance. It is critical to the success
of the City that its employees enjoy a workplace free of the fear
of retaliation. The City takes great pride in its creativity and its
receptivity to new and different ideas; an open and nonjudgmental
atmosphere fosters creativity where candor is not penalized. City
employees are hired to offer their professional judgments and opinions.
Officials are certainly free to disagree with those judgments; indeed,
those officials ultimately may have the final word. However those
disagreements must not extend to threats or generate fear of reprisal.
Officials enjoy substantial influence within City Hall; this authority
must not be exercised in a manner that intimidates staff and degrades
morale with resulting damage to the fabric of the organization.
[5]
Officials shall not threaten a City employee with disciplinary
action.
Implementation Guidance. If an official is concerned
about the performance of a City employee, that concern should be expressed
privately to the City Manager. Such criticisms can then be addressed
in accordance with the City's personnel rules, in a manner that
protects the employee's rights and protects the City's authority
to properly discipline its employees. It is never acceptable for an
official directly to threaten disciplinary action of any kind, and
rarely, if ever, is it appropriate to publicly criticize an employee.
Officials may have high expectations of employees' work performance,
but there is no room or tolerance in the City organization for public
humiliation of any person.
[6]
Officials that are approached or engaged by employees regarding
work-related issues or concerns of employees will direct such employee
to follow the chain of command and procedures for addressing concerns
as detailed in the City Codes, Personnel Manual and directives issued
on such matters. Furthermore, the official will notify the City Manager
if the official feels that the actions of the employee were an attempt
to gain leverage or circumvent the systems and procedures in place.
The official will follow up with the City Manager to see if the issue
was properly addressed. Any egregious issues involving the City Manager
will be addressed as spelled out in the Personnel Manual. At no time
will the official take further action on the matter or engage any
further with the employee unless all remedies have been exercised
as detailed in the City Codes, Personnel Manual and directives issued
on such matters.
Implementation Guidance. It is plausible that employees
will attempt to gain leverage on a situation, issue or dispute with
a fellow employee. It is also plausible for employees to attempt to
negatively influence the opinion of an official as a way of gaining
a more favorable outcome for the employee. This type of behavior erodes
the chain of command and structure of the City's operations.
It also creates inconsistencies in how issues are resolved and creates
divisiveness within the employee ranks, while reducing overall organizational
morale. Not only is this unhealthy for the organization, but any misuse
of interaction of employees and officials in this manner should not
be tolerated. Furthermore, this section should NOT be taken as a statement
that the City condones or turns a blind eye towards inappropriate
behavior, hostile environments or legitimate workplace issues of employees.
Policies must be followed to address employee concerns to ensure timely
and proper resolution.
[7]
Officials shall not discuss any personal issues about employees
with any person, persons, entities or agencies; nor shall any official
make disparaging or slanderous remarks about employees, offer details
or documentation regarding an employee's work or personal issues,
conduct formal or informal investigations into employees, or discuss
or provide any information or documents regarding past, present, proposed
or pending disciplinary actions of any employees unless all such above-listed
acts have been authorized by formal action of the City Council.
Implementation Guidance. Employees of the City are public
employees, however still have certain protections related to personnel
matters which are not subject to public disclosure. State law authorizes
closed sessions for the Mayor and Council to address personnel matters,
and the Maryland Public Information Act provides certain provisions
for denial of personnel information to the public. Further, the City's
Employee Manual and certain state and federal laws also create certain
obligations and conditions regarding employees' workplace rights.
Individual elected officials shall not discuss employee matters outside
of official meetings and business and will protect the privacy, reputation
and integrity of the City's employees whenever possible.
(b)
Individual members as part of the collective body. Officials
shall act collectively in a properly noticed and constituted meeting;
officials have no authority to make decisions or take actions on behalf
of the body unless expressly authorized to do so.
[1]
Officials shall not make representations or promises to any
third party regarding the future actions of the City or of the City
Council, unless the City Council has duly authorized such representation
or promise.
Implementation Guidance. When officials engage in conversations
with residents, business owners, applicants, developers, lobbyists
and officials of other governmental agencies, they should be cautious
not to make representations or promises that they cannot legally make
or keep. Future actions of a legislative body cannot be promised or
predicted with certainty. Individual officials do not have authority
to make commitments on behalf of the City unless expressly authorized
to do so by the body of which they are a member.
[2]
When making public utterances, officials shall make it clear
whether they are authorized to speak on behalf of the City or whether
they are presenting their own views.
Implementation Guidance. Officials occasionally speak
before other public bodies, neighborhood groups or to the press. When
doing so, they should always make it clear whether they are presenting
their own point of view or whether they have been authorized by the
City to present a particular view. They should be clear in all oral
and written utterances whether they are using their title for identification
purposes or because they are speaking in an official capacity.
[3]
An official shall not, either directly or indirectly, be involved
in or attempt to influence administrative matters that are under the
direction of the City Manager or a department head, such as staff
decisionmaking, the development of staff recommendations, scheduling
of work, executing department priorities, personnel issues, purchasing,
etc.; or interfere with the manner by which the City Manager or a
department head performs his or her duties. It is recognized that
the department heads report to the City Manager.
Implementation Guidance. This is necessary to protect
staff from undue influence and pressure from individual officials
and to allow staff to execute work in the priority set by management.
Neither the City Manager nor department heads can function effectively
if inconsistent direction is received from individual elected officials
or if not given the support and independence necessary to administer
their respective duties and assignments. If an elected official wishes
to influence an administrative action, decision, recommendation, workload,
work schedule, etc., it must be brought to the attention of the Mayor
and City Council so the Mayor and Council can decide whether to address
it as a matter of policy.
[4]
Officials shall not interfere with the implementation by City
staff of approved projects and programs.
Implementation Guidance. As detailed in Charter § C-603, the City Manager is responsible for the management of the City, including, but not limited to, City projects, grant programs, infrastructure upgrades, repairs and maintenance; and shall coordinate the work of all related consultants, engineers, contractors and agents thereof; and shall have the power to assign and delegate such duties to other staff as needed. City officials must avoid interfering with or directing the City Manager's method of carrying out the Council's decisions, even if the project or program was conceived and initiated by an individual member of the Council. Once a project or program receives City Council's approval, it is an official activity of the City, not of any individual member of the City Council. Officials do not have authority and should refrain from giving directions or instructions to City contractors or consultants working on City projects or programs or attempt to change the scope or any portion thereof without the concurrence of the City Manager.
[5]
Individual officials shall be respectful of the need for a managed,
professional approach to managing special City events, initiatives
and activities. No commitments of funds, resources, equipment or personnel
shall be made without the concurrence of the City Manager.
Implementation Guidance. It is not unusual for the Mayor
and City Council to receive requests from citizens, vendors, personal
contacts, etc., requesting assistance with certain administrative
functions of the City. This is particularly true for the more visible
functions, such as event management, marketing and promotion, etc.
For example, event management is a staff-driven administrative function
- syncing the event calendar with other City functions, allocating
space, equipment and employees, preplanning and coordinating public
safety, traffic and pedestrian access and financial management and
documentation. Staff's approach to event management combines
professional judgment with past experiences in order to create well-rounded,
quality events for the community.
[6]
The Mayor and Council enjoy certain statutory protections when
they act as a collective unit exercising proper legislative and executive
authority. Individual action not only places increased risk and liability
on the person taking such action but also creates potential liability
for the City for such individual acts. Individual elected officials
shall not act individually outside their authority as defined by the
City Code and Charter.
Implementation Guidance. Individual elected officials
may feel that they are empowered by their election to individually
represent the City in any manner in which they see fit, or to say
whatever they want, or discuss any City business they want with whomever
they want. Beyond this conduct being hereby declared unacceptable,
it is also hereby interpreted to be "an individual and personal act
occurring outside the scope of their official responsibilities and/or
beyond their public official authority." The City's liability
coverage is in place to protect elected and appointed persons who
act within the scope of their official employment and authority, as
spelled out in the City Charter, City Codes or formally sanctioned
acts of City Council. This liability coverage does not provide coverage
for the conduct or acts of an official that are deemed to be "individual
and personal acts."
(c)
Improper use of information and resources. City resources shall
be used solely for proper governmental purposes and only with proper
authorization.
[1]
There shall be only one City letterhead format and no "individual
elected official" letterhead. City letterhead may only be used for
official City business to express the position and interests of the
City and not to express the personal position or opinion of an elected
official.
Implementation Guidance. City letterhead must be used
with care to avoid misunderstandings. Letterhead must be used to communicate
official City policy or actions and for the transaction of official
City business.
[2]
City employees shall not be asked or directed to spend time
on non-City business.
Implementation Guidance. It is improper to ask or require
a City employee to engage in non-City-related activities. Non-City
activities include, among other things, election-campaign-related
activities and personal errands. Further, City employees should not
be solicited to engage in political activity on behalf of a City official.
[3]
Officials shall not use or disclose information obtained through
City service for improper or illegal purposes.
Implementation Guidance. Officials often acquire information
in performing their duties that is not generally available to the
public, including information received in closed sessions. Sometimes
this information is confidential or highly sensitive. This includes
legal advice or opinions given to the City by its legal advisors.
Information that is not generally available to the public must remain
confidential and be used only for the purposes for which it was divulged.
In particular, this information can never be used for personal gain.
(d)
Acts against the City. When representing the City, officials
shall conduct themselves in a dignified manner and in accordance with
all legal requirements.
[1]
When representing the City on official business, officials shall
not speak negatively of the City or of any City officials, employees,
contractors or vendors; furthermore, said officials shall behave responsibly
and in a manner as to project a positive image for the City.
Implementation Guidance. Whenever an official is representing
the City, in or out of the City, the official is "on duty" and should
behave in a manner that will reflect well on the City. When out of
the City or at social events, there is a temptation to behave more
informally than one might in City Hall, which can lead to awkward
or embarrassing situations and in extreme cases to improper or illegal
behavior. When at government, civic or political functions, officials
should avoid drinking alcohol to excess.
[2]
An official who unsuccessfully takes legal action against the
City by way of a claim, suit, charge or petition shall reimburse all
court costs, attorney and legal fees incurred by the City, if such
legal action is unsuccessful and was not related to a claim of discrimination
or other like charge.
Implementation Guidance. Sometimes legal actions are
an option when resolving disputes; however, such legal actions brought
forth by an official are paid for by the taxpayers of the City of
Taneytown. When such actions are not related to a civil liberty or
recovery of damages on the part of the official, then the dispute
is more than likely borne by failure to accept the democratic process
or the procedures legally in place to govern the City. This does not
preclude the official from mounting a legal challenge; but if the
courts do not agree that some type of indiscretion or misconduct has
taken place, then the taxpayers are entitled to reimbursement of their
money.
[3]
Officials shall exercise best efforts to avoid the appearance
of impropriety in the performance of their official duties.
Implementation Guidance. The public's confidence
in the integrity and fairness of City government often hinges on the
behavior of the officials. Real or perceived ethical lapses by the
officials undermine the effectiveness of the City and cast a shadow
on the decisions of its legislative bodies. Often, ethical considerations
extend beyond the legal requirements of conflict of interest law.
Officials must avoid situations which may not technically violate
laws or other ethical provisions, so as to avoid the appearance of
any impropriety.
(e)
Failure to attend/participate. Elected officials have a great
deal of responsibility and are charged with keeping the City's
best interest at heart and to act in a financially responsible manner.
In order to fulfill this responsibility, elected officials are encouraged
to participate in various meetings, trainings, seminars and conferences.
Elected officials are free to establish their own levels of participation;
however, elected officials are also reminded that some of these meetings,
trainings, seminars and conferences require an advance payment of
funds by the City to reserve and secure the official's participation
in those events and, as such, they are expected to attend and participate
in those events.
[1]
An elected official that agrees to attend, requests to attend,
or signs up to attend a meeting, training, seminar, conference or
other such related events, but does not participate or attend such
event or function, shall be required to reimburse the City for any
or all portions of any cost paid for by the City and not recoverable
by way of refund or credit issued to the City, unless extenuating
circumstances exist and reimbursement is waived by a majority vote
of the City Council.
(f)
Failure to follow Code/Employee Manual.
[1]
Elected officials must adhere to all of the requirements contained
in the Taneytown City Code, which include but are not limited to the
Taneytown Ethics Ordinance, the Campaign Finance Ordinance, and similar
provisions. Any violation of these provisions serves to undermine
the public trust in elected office and shall be considered additional
violations to this Code of Conduct and subject to enforcement and
penalties herein.
[2]
Section 8, Section 9, Section 10, and Section 11.1 of the Taneytown
Employee Manual shall be applicable to City elected officials. Violations
of these provisions shall be considered violations of this Code of
Conduct and subject to enforcement and penalties herein.
[3]
Enforcement.
[a]
As these are rules and polices governing the Mayor and Council,
only the Mayor and Council members may make a complaint for alleged
violations. A written statement alleging a violation of this Code
of Conduct by an elected official shall be submitted as a resolution
to the Mayor and City Council, citing the person involved and the
events surrounding the matter. This resolution shall be placed on
the Council's agenda for discussion in the same manner as other
resolutions. After discussion and an opportunity for the elected official
who is the subject of the complaint to address the matter at the meeting
where the resolution is discussed, the City Council shall make a finding
in the matter. If it is found that a violation has occurred, the City
Council shall, by motion, impose any penalty deemed applicable. These
actions shall be made by a super-majority vote of the remaining members
who are not the subject of the complaint. These actions are not subject
to a veto by the Mayor, but the Mayor may vote in case of a tie.
[b]
Penalties which may be imposed by the City Council shall be
a fine between $50 and $500; a written reprimand; written censure;
or other penalties permitted by the Charter and City Code; or a combination
thereof.
